STATEMENT OF CLAIM INSTRUCTIONS
This is the form to be used when a person wants to sue another person or business for an amount under $5,000.00, excluding costs, interest, and attorney fees.
This form should be typed or printed in black ink. Please make certain you file your claim against the right party. Copies of contracts, notes, leases, receipts, or other evidence in support of your claim must be attached to your statement of claim, and copied to each person sued and the court. The originals must be brought to the first court appearance. You should provide a full explanation of the reason for your action.
If someone other than an individual is sued, additional information is needed to complete the form. For example, is the individual doing business as a company, a partnership where there are several people doing business as a company or corporation?
The completed original petition must be filed with the Clerk of the Leon County Court at 301 S Monroe Street, Suite 100, Tallahassee, FL 32301. You will need to bring an additional copy of the Statement of Claim and attachments for each defendant being sued, and keep a copy for your records.
The assisting Deputy Clerk will notarize signatures for a fee, collect the appropriate filing fee, and assign a Small Claims case number and judge to the action. As of July 1, 2009, the filing fees for small claims actions are as follows:
| Each claim less than $100 | $ 55.00 |
| Each claim of $100, but not more than $500 | $ 80.00 |
| Each claim of $500, but not more than $2,500 | $ 175.00 |
| All $2,500 to $5,000 | $ 300.00 |
If you cannot afford to pay the filing fees, you must complete an Application for Determination of Civil Indigent Status, and file it with the complaint. If you are found indigent, the filing fees are waived.
Click here to view and/or print a checklist of documents that are required to file a Small Claims case.
After the filing of a small claims case, each person or business sued must be served with a Summons/Notice to Appear in court on the date and time scheduled when the claim was filed. This court date will be a pretrial conference. Two copies of the Summons/Notice to Appear must be provided for issuance for each defendant being sued. There is a charge for the Clerk's Office to prepare the summons and to provide the copies.
The summons/notice to appear must be served along with a copy of the claim by a certified process server, which can be the Sheriff's Office or a process server of your choice. Service of process on Florida residents only may also be effected by certified mail, return receipt signed by the defendant, or someone authorized to receive mail at the residence or principal place of business of the defendant. Either the clerk or an attorney of record may mail the certified mail, the cost of which is in addition to the filing fee.
At the pretrial conference, mediation is ordered if both parties to the dispute are present and unable to settle their dispute. A mediator acts to encourage and facilitate the resolution of a dispute between two or more parties. Mediation is an informal and non-adversarial process with the objective of helping the disputing parties reach a mutually acceptable and voluntary agreement. In mediation, decision-making authority rests with the parties.
Mediation is economical. Both parties view settlement as fair. There is one court meeting. There is no need to subpoena evidence or witnesses and depend on their presence at trial. There is no extensive trial preparation. Mediation preserves personal and business relationships. It allows debtors to arrange repayment plans, avoid a judgment, and preserve credit reputation. Mediation protects privacy and avoids the publicity of trial. Both parties remain in control and participate in a "win-win" solution. The agreement is final and the dispute resolved.
If the dispute cannot be settled at the pretrial conference, the court will schedule a trial date. The parties must appear at the trial with all witnesses and documentation. At the trial, both parties will have an opportunity to explain the case to the judge, ask the other party any questions concerning the claim, present documentation as discussed at the pre-trial conference, and call witnesses.
A trial by jury may be requested by the person filing the Small Claims case, upon written demand at the time the case is filed. The person being sued may request a jury trial within 5 days after service of Notice or at the pretrial conference.
If at any time in the proceedings the parties reach a settlement, the person who filed suit must notify the Clerk's Office in writing of the settlement.
A final judgment in the case does not mean that the defendant will automatically pay off the amount due under the judgment. While there may have been a settlement of the debt, enforcement of the judgment is the responsibility of the person who filed the suit. While Florida law prohibits the Clerks Office from offering advice about how to enforce the judgment, this office can provide information for recovering under the judgment.
The party filing the suit must obtain a certified copy of the final judgment from the Small Claims Division. The fee for a certified copy is $1.00 per page, $2.00 for certification. This certified copy may be recorded with the Clerk Offices in any county in Florida where the defendant lives or owns property. The recording fee is $10.00 for the 1st page and $8.50 for each additional page. The recorded judgment will act as a lien against the Defendants real property for 10 years. See Fla. Stat. 55.10(1).
The lien can be extended for another 10 years, by re-recording a certified copy of the judgment AND an affidavit with the current address of the person who has the lien. Fla. Stat. 55.10(2) (2001). A Judgment Lien Certificate may be filed with the Department of State to obtain a lien on the Defendants personal property located anywhere in Florida. These liens lapse after 5 years, but can be extended another 5 years by filing another judgment lien certificate. See Fla. Stat. 55.204(1) & (3). Visit
http://ccfcorp.dos.state.fl.us/jlien_info.html for more information
If your case is settled without the need to file a settlement agreement, it is necessary that you dismiss your case by filing a Notice of Dismissal. This will eliminate the Court to notice you at a later date to dispose of your case that was never properly settled by the filing of a Notice of Dismissal.
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